Loading...
95-1450 , r f 33 Council File # + �S �• / J Green Sheet # 3 S y RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By _ `t _ / _Ak Ar Referred To Committee: Date p. 1 WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings 2 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two - 3 story, wood frame dwelling and two - vehicle, wood frame garage located on property hereinafter 4 referred to as the "Subject Property" and commonly known as 907 -909 Jessie Street. This property 5 is legally described as follows, to wit: 6 7 Lot 2, Block 13, Edmund Rice's First Addition to St. Paul. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Saint Paul Public Health on or before October 12, 1995, the following are 11 the now known interested or responsible parties for the Subject Property: Cheur & Mee Her, 1175 12 Glendon, Maplewood, MN 55119; Margaretten & Co. Ind - Virginia, 201 E. Cary Street, Richmond, 13 VA 23219; Bank of America Mortgage, P.O. Box 26388, Richmond, VA 23260, Attn: Annie 14 Hicks, Loan #7615518; Michael Oberle, 50 East Fifth Street Ste 300, St. Paul, MN 55101; 15 H.U.D., 220 Second Street South, Minneapolis, MN 55401. 16 17 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 18 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 19 Building(s)" dated October 10, 1995; and 20 21 WHEREAS, this order informed the then known interested or responsible parties that the 22 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 23 24 WHEREAS, this order informed the interested or responsible parties that they must repair or 25 demolish the structure located on the Subject Property by November 9, 1995; and 26 27 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 28 this building(s) to constitute a nuisance condition; subject to demolition; and 29 30 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 31 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 32 City Council and the Saint Paul City Council; and 33 34 WHEREAS, the interested and responsible parties have been served notice in accordance 35 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 36 purpose of the public hearings; and 37 c Ns° OR\GINAL 1 P 2- of 3 2 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 3 Council on Tuesday, December 5, 1995 to hear testimony and evidence, and after receiving 4 testimony and evidence, made the recommendation to approve the request to order the interested or 5 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 6 safety and welfare and remove its blighting influence on the community by rehabilitating this 7 structure in accordance with all applicable codes and ordinances, or in the alternative by 8 demolishing and removing the structure in accordance with all applicable codes and ordinances. 9 The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the 10 date of the Council Hearing; and 11 12 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 13 December 13, 1995 and the testimony and evidence including the action taken by the Legislative 14 Hearing Officer was considered by the Council; now therefore 15 16 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 17 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and 18 Order concerning the Subject Property at 907 -909 Jessie Street: 19 20 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 21 Legislative Code, Chapter 45. 22 23 2. That the costs of demolition and removal of this building(s) is estimated to exceed 24 three thousand dollars ($3,000.00). 25 26 3. That there now exists and has existed multiple Housing or Building code violations at 27 the Subject Property. 28 29 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 30 parties to correct the deficiencies or to demolish and remove the building(s). 31 32 5. That the deficiencies causing this nuisance condition have not been corrected. 33 34 6. That Public Health has posted a placard on the Subject Property which declares it to 35 be a nuisance condition subject to demolition. 36 37 7. That this building has been routinely monitored by the Vacant /Nuisance Buildings 38 Code Enforcement Program. 39 40 8. That the known interested parties and owners are as previously stated in this 41 resolution and that the notification requirements of Chapter 45 have been fulfilled. 42 43 ORDER 44 45 The Saint Paul City Council hereby makes the following order: 46 flRN as - lysO 1 1. The above referenced interested or responsible parties shall make the Subject Property safe 2 and not detrimental to the public peace, health, safety and welfare and remove its blighting 3 influence on the community by rehabilitating this structure and correcting all deficiencies as 4 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 5 all applicable codes and ordinances, or in the alternative by demolishing and removing the 6 structure in accordance with all applicable codes and ordinances. The rehabilitation or 7 demolition and removal of the structure must be completed within fifteen (15) days after the 8 date of the Council Hearing. 9 10 2. If the above corrective action is not completed within this period of time the City of Saint 11 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 12 whatever steps are necessary to demolish and remove this structure, fill the site and charge 13 the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of 14 the Saint Paul Legislative Code. 15 16 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 17 personal property or fixtures of any kind which interfere with the demolition and removal 18 shall be removed from the property by the responsible parties by the end of this time period. 19 If all personal property is not removed, it shall be considered to be abandoned and the City 20 of Saint Paul shall remove and dispose of such property as provided by law. 21 22 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 23 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yea. Nays Absent Requeste by Department of: Blakey ✓ Grimm Guerin / / Harris r / Mehra ✓ B � � / Rettman Thune ✓ Y: /1.1 la/ // s d co. i Form Appro d by City Attorney Adopted by Council: Date i,,�„_ ‘3 1kqg$ ��v Adoption Certified by Council Secretary B _ ...1\ BY= proved by Mayor for Submission to --- Approved by M r: Date /Z 7'7 7 / 7 Council , l.„---' By: '''4 7/ 1 1 e 1C Sdaget By: v • DEPARTMENT/OFFICE/COUNCIL DATE INITIATED O Public Health 11-1:-95 GREEN SHEET N 3 3 8 5 4 a � ' DEPARTMENT DIRECTOR ITIAL/DATE CITY COUNCIL I ITIAUDIATE -- . Charles Votel 298 -4153 tAl ASSIGN pi CITY ATTORNEY L/ CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) R FOR RO IN G BUDGET DIRECTOR FIN. & MGT. SERVICES DIR. December 13, 1995 ORDER M; MAYOR (OR ASSISTANT) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 907 -909 Jessie Street. • RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSIGN 1. Has this person/firm ever worked under a contract for this department? - B COMMITTEE YES NO • STAFF 2. Has this person/firm ever been a city employee? YES NO _ DISTRICT COURT 3. Does thls person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WNICN COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate shalt and attach to Shen sheet • INITIATING PROBLEM, ISSUE, OPPQRTUNITY (Who, Whet. When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 907 -909 Jessie Street by November 9, 1995, and have failed to comply with those orders. RED E ter) ADVANTAGES IF APPROVED: The City will eliminate a nuisance. DEC 0 1995 MAYO OFFIC FIVE® NOV 15 1995 • DISADVANTAGES IF APPROVED: CITY A l I O IAN EY The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the'property taxes. Council Research Center DEC -5 1995 DISADVANTAGES IF NOT APPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT OF TRANSACTION $ $6,008 - $8,000 COST /REVENUE BUDGETED (CIRCLE ONE) C) NO FUNDIIIGSOURCE NhiinannA Wrwming Ahat ACTIVITYNUMBER 112f,1 FINANCIAL INFORMATION: (EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET IIGSTRUOTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 2984225). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) t Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. City Attorney 3. City Attomey 4. Mayor (for contracts over $15,000) 4. Mayor /Assistant 5. Human Rights (for contracts over $50,000) 5. City Counc l 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (aN others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney • 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the roof pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project request seeks to accomplish in either chronologi- cal order or order of importance, whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council s) your project/request supports by listing the key word(s) (HOUSING, RE REATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims, taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed (e.g., traffic delays, noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the Information you provide here to the issue you are, addressing, in general you must answer two questions: How much is It going to cost? Who is going to pay? SAINT PAUL PUBLIC HEALTH —1 S 1 9S 0 Neal Holton. MD., M.P.H., Director SAINT CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612 - 298 -4153 PAUL 014t Norm Coleman, Mayor ENFORCEME ?%T 555 Cedar Street Saint Paul, MN 55101 -2260 AAAA November 13, 1995 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 907 -909 Jessie Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, December 5, 1995 City Council Hearing - Wednesday, December 13, 1995 The owners and responsible parties of record are: Name and Last Known Address Interest Cheur & Mee Her Fee Owner 1175 Glendon Maplewood, MN 55119 Margaretten & Co. Ind - Virginia Mortgagee 201 E. Cary Street Richmond, VA 23219 Bank of America Mortgage Assignee of Mortgagee P.O. Box 26388 Richmond, VA 23260 Attn: Annie Hicks, Loan #7615518 q5 - 14S0 907 -909 Jessie Street November 13, 1995 Page 2 Name and Last Known Address Interest Michael Oberle Attorney for Bank America 50 East Fifth Street Ste 300 St. Paul, MN 55101 H.U.D. Interested Party 220 Second Street South Minneapolis, MN 55401 • The legal description of this property is: Lot 2, Block 13, Edmund Rice's First Addition to St. Paul. City of Saint Paul Public Health has declared this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sib ely, i harles A. otel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:ml • cc: Jan Gasterland, Building Inspection and Design Peter Warner, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED- Housing Division